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Questions Answered by Shane T. Johnson
1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for North Carolina on
Q: Can I a file General POA with the healthcare provision or must I file two POA's?

I want to just file one POA that covers everything including Healthcare decisions

Shane T. Johnson
Shane T. Johnson
answered on Oct 15, 2024

Most people have two Powers of Attorney documents produced, a Health Care POA and a Financial POA. This is because they are very distinct roles, one is for health care and the other is for financial. A Financial POA can be filed at the County Register of Deeds Office. The Health Care POA can be... View More

1 Answer | Asked in Estate Planning for North Carolina on
Q: What form do I need in order to do a Quitclaim deed to transfer my house into my Trust, for which I am the trustee?
Shane T. Johnson
Shane T. Johnson
answered on Sep 9, 2024

Property can be deeded using a number of types of deeds, which convey different types of interest and or carry different types of warranties. Many deeds on file are incorrect as it is not the Recorder of Deed's job to review recorded records. My recommendation is you contact an attorney to be... View More

1 Answer | Asked in Estate Planning for North Carolina on
Q: How do you correct an estate inventory form once it is filed. I need to remove a bank account with joint survival ship.
Shane T. Johnson
Shane T. Johnson
answered on Oct 23, 2024

They would file an amended Inventory, and the filing fee is relative to the changed assets. The clerk will issue a refund of the original amount paid minus the amendment fee of $15.00. They would need to provide proof of the survivorship (signature card).

1 Answer | Asked in Estate Planning for North Carolina on
Q: I need help completing the Affidavit of Collection, Disbursement and Distribution form in NC.

My aunt passed away and co-owned vehicles with her sister who survives her. She had a simple will and named a cousin as beneficary. The titles for the vehicles have been transferred to the surviving sister. How is this documented on the above mentioned form?

Shane T. Johnson
Shane T. Johnson
answered on Oct 21, 2024

You will need to contact a probate attorney. County clerks are very particular and therefore the forms, which do not lend themselves to a simple explanation or answer here, need to be completed correctly.

2 Answers | Asked in Banking, Estate Planning, Real Estate Law and Tax Law for North Carolina on
Q: Is there a certain age that you have to be in order to buy and invest real estate?

I am 13 and looking to get into real estate to make a steady income but don't know we're to start or if I can get into investing in property's right now or if I have to wait.

Shane T. Johnson
Shane T. Johnson
answered on Sep 21, 2024

There is no age requirement for owning property in NC. To enter a binding contract to purchase or sell property, the minimum age requirement is 18. Similarly, banks require you to be 18 to sign a mortgage, again, because it is a contract.

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2 Answers | Asked in Estate Planning for North Carolina on
Q: Can heirs property, (Children received equal ownership) be willed to a non heir or entity by an heir?

Grandfather left a Will giving 190 acres to his 10 children, equally.

A daughter who had a 20% interest (+10% acquired from as gift from her sis) willed

her 20% to a Church. Does the fact of the Church not being an “Heir” have any bearing or relevance?

Can “True”... View More

Shane T. Johnson
Shane T. Johnson
answered on Sep 9, 2024

The sister can give whatever interest she has, at her death, to whomever she would like.

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3 Answers | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: How long does it take for partition action after being filed?
Shane T. Johnson
Shane T. Johnson
answered on Sep 9, 2024

The time for partition to conclude, once commenced, can vary from a few months, to much longer, depending on the parties involved.

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